MauleSkinner
Well-known member
- Joined
- Sep 4, 2005
- Posts
- 638
PAPA FOX! said:You know I of course have always heard that and know that to be the case but have always wondered how the insurance company could get away with that since when you rent from an FBO or club you don't sign anything warning you of subrogation, etc. Seems like any half decent (or actually scummy) ambulance chasing lawyer would be able to get that thrown out right away since no one warned you of that clause even verbally, much less in writing. Also the fact that you ARE named and if you have an accident they subrogate against you is crazy. That legally constitutes "fraud in the inducement" and I'm sure even a brain dead lawyer again could take that on and win bigtime. I personally think it is criminal for the insurance company to do that without making you sign a waiver or whatever but will always protect myself w/ non-owner policies anyway.
Now THERE's an interesting defense..."you can't sue me, because I didn't sign anything saying you could!"